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AMERICAN NAT. PROP. AND CAS. CO. v. WILMOTH

No. 49A02-0611-CV-1064.

893 N.E.2d 1068 (2008)

AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY, Appellant-Defendant, v. Traci WILMOTH and Charlotte Sharpe as Administratrix of the Estate of Richard Lee Rider, Sr., Appellee-Plaintiffs, and C. Robert Bowers and Betty J. Bowers, Appellees/Co-Defendants.

Court of Appeals of Indiana.

September 19, 2008.

Attorney(s) appearing for the Case

James A. Goodin, Bradley J. Schulz, Goodin Abernathy, LLP, Indianapolis, IN, Attorney for Appellant.

Robert P. Stoner, Spangler, Jennings, Dougherty, P.C., Merrillville, IN, Attorneys for Appellees C. Robert Bowers and Betty J. Bowers.

C. Dennis Wegner, Wegner & Associates, P.C., Timothy J. Hulett, Stephen J. Peters, David I. Rubin, Harrison & Moberly, LLP, Indianapolis, IN, Attorneys for Appellees Traci Wilmoth and Charlotte L. Sharpe as Administratrix of the Estate of Richard Lee Rider, Sr.

OPINION

MAY, Judge.

Traci Wilmoth and Richard Rider lived with their two children in a house they rented from Robert and Betty Bowers (collectively, "Bowers"). The house burned November 1, 2000, and the children were killed. Rider died a week later from injuries sustained in the fire. Wilmoth and Charlotte Sharpe, administratrix of Rider's estate, sued The American National Property and Casualty Co. (ANPAC), alleging it permitted spoliation of evidence concerning...

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